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2009 SESSION

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HB 1598 Certificate of public need; criteria for determining need and method of filing.  

Introduced by: Phillip A. Hamilton | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Certificate of public need; criteria for determining need and method of filing.  Replaces existing criteria for determining need for the purposes of a Certificate of Public Need; establishes an expedited application and review process for certificates for projects involving a capital expenditure of $15 million or more that are not otherwise defined as reviewable in the definition of "project"; and establishes a Request for Applications procedure for psychiatric and substance abuse treatment beds and services.  This bill establishes a review process in cases in which no regional health planning agency is designated. This bill also provides that in cases in which a provision of the State Medical Facilities Plan that has been previously set aside by the Commissioner and final amendments to the plan have not yet taken effect, the Commissioner's decision shall be consistent with the guiding principals set forth in the plan; establishes a process for satisfying conditions on a certificate by making direct payments to an organization authorized under a memorandum of understanding with the Department of Health to receive contributions to satisfy conditions on a certificate, or to a private nonprofit foundation authorized under a memorandum of understanding with the Department of Health that funds basic insurance coverage for indigents; requires that any medical care facility that furnishes, conducts, operates, or offers any service which requires a certificate of public need to report data on utilization of certain services; and replaces the term "gamma knife surgery" with the term stereotactic radiosurgery, and adds stereotactic radiotherapy and proton beam therapy to radiation therapy in the list of specialized services provided by medical care facilities subject to COPN.  This bill incorporates HB 1981 and HB 2451.

SUMMARY AS PASSED HOUSE:

Certificate of public need; criteria for determining need and method of filing.  Replaces existing criteria for determining need for the purposes of a Certificate of Public Need; establishes an expedited application and review process for certificates for projects involving a capital expenditure of $15 million or more that are not otherwise defined as reviewable in the definition of "project"; and establishes a Request for Applications procedure for psychiatric and substance abuse treatment beds and services.  This bill establishes a review process in cases in which no regional health planning agency is designated. This bill also provides that in cases in which a provision of the State Medical Facilities Plan that has been previously set aside by the Commissioner and final amendments to the plan have not yet taken effect, the Commissioner's decision shall be consistent with the guiding principals set forth in the plan; establishes a process for satisfying conditions on a certificate by making direct payments to an organization authorized under a memorandum of understanding with the Department of Health to receive contributions to satisfy conditions on a certificate, or to a private nonprofit foundation authorized under a memorandum of understanding with the Department of Health that funds basic insurance coverage for indigents; requires that any medical care facility that furnishes, conducts, operates, or offers any service which requires a certificate of public need to report data on utilization of certain services; and replaces the term "gamma knife surgery" with the term stereotactic radiosurgery, and clarifies that radiation therapy shall include stereotactic radiotherapy and proton accelerator therapy. This bill incorporates HB 1981 and HB 2451.

SUMMARY AS INTRODUCED:

Certificate of public need; criteria for determining need and method of filing.  Replaces existing criteria for determining need for the purposes of a Certificate of Public Need with six new criteria including (i) the extent to which the proposed service or facility will provide or increase accessibility to the residents of the area to be served and the effects on accessibility in areas having distinct and unique geographic, socioeconomic, cultural, transportation, and other barriers to care; (ii) the level of documented community support from the citizens, businesses, and governmental leaders; (iii) the extent to which the proposed service or facility will impact the costs of and charges for providing quality health services; (iv) the extent to which the proposed service or facility increases institutional competition; (v) the extent to which the proposed service or facility will promote quality assurance and cost effectiveness through improvements or innovations in the financing and delivery of heath services; and (vi) the extent to which the proposed service or facility will increase service to indigent populations. This bill also allows for the electronic filing of applications for a Certificate of Public Need.